ACCEPTANCE OF TERMS AND CONDITIONS
When you access this website (“Site”) or any Content or services available on the Site or in the downloadable catalogue, you acknowledge that you have read and agreed to abide by the terms and conditions described below and you are deemed to have entered into an agreement with City Coins CC(“City Coins”). Acknowledgments by users of this site are highlighted in bold hereunder and in a conspicuous manner. To use this Site you must have full contractual capacity and by your registration and use of the Site, you warrant that you have full contractual capacity.
Your access, registration, or use of the Site constitutes your unconditional and irrevocable acceptance of these Terms and Conditions. When you choose to access, register, or use this Site or downloadable catalogue, you agree to be bound by all special notices, the Privacy and Security policy, and all other procedures and guidelines incorporated herein by reference (together the “Agreement”).
The terms and conditions set forth in this Agreement may be changed by City Coins in the future. Any changes will take effect immediately upon such changes being posted on the Site, the posting date for these conditions being February 2013. Each time you access this site, it is your responsibility to check the terms and conditions. Should you use the site after such changes, you will be deemed to have accepted such amended Terms and Conditions. If you do not agree to such amended terms and conditions do not use this site.
The Site is owned and operated by City Coins CC, with registered address of Ground Floor, Pearl House, Tulbagh Square, Foreshore, Cape Town, 8001. The company registration number is CK(87/05687/23).
1. SERVICES OFFERED
1.1. This website provides information where users can contact City Coins for the buying and selling of goods off-line and provides a downloadable catalogue for purposes of off-line sales. This web-site is not for purposes of direct marketing or for conducting any e-commerce transactions.
1.2. All transactions are to take place between City Coins and prospective purchasers and / or sellers at the premises of City Coins or via the post. This web-site is not transactional in nature and no buying or selling or goods will take place on-line.
1.3. The information contained on this web-site is available to all who access this web-site at their own discretion. Registration on the site is for purposes of requesting information from City Coins as to the buying or selling services available from the City Coins, at its actual trading premises or for providing contact information. If you wish to register refer to clause 2 and complete the Registration section. To be able to register you must be lawfully entitled to enter into and form contracts and you are required to provide your real name, fax numbers, e-mail address and other requested information. We guard your information with the utmost care and refer you to our privacy policy in this respect.
1.4. We may from time to time change or add to the services provided on the site in our sole and absolute discretion and without any liability to any user.
2. REGISTRATION
2.1. To register you must complete and provide the information under the Registration Section. You warrant that the particulars given to us are true and correct and that you have not been induced in any way to register on this site.
2.2. During the registration process you will be required to choose a user identity and password. Keep your password private and confidential to prevent unauthorised use.
2.3. Should you forget or lose your password, please contact City Coins directly.
2.4. City Coins will not be liable to you for any loss or damage arising from your failure to keep your password confidential or for any unauthorised use prior to you notifying us in writing that your password has become known to any other person.
2.5. Your registration will be confirmed via email.
2.6. You will be required to enter your user identity and password each time you visit the site.
3. DISCLAIMER AND WARRANTIES
3.1. Illustrations and descriptions of the goods that appear in the downloadable catalogue are for off-line transactions only.
3.2. All goods displayed in the catalogue are usually of some age. Buyers should exercise and rely on their own judgment as to whether the goods displayed in the catalogue accords with its description.
3.3. Buyers must recognise that any off-line transaction, including the purchase of coins via postal auction, carries the risk that any price paid is subject to future fluctuation, based on the speculative and volatile nature of the coin business. Any user of this site or of the catalogue expressly acknowledges that City Coins shall not be responsible for any fluctuation in price of any goods purchased off-line from City Coins directly or through postal auction.
3.4. Subject to the obligations accepted by City Coins CC under these conditions and any other applicable law, City Coins, its servants or its agents are not responsible for errors of description or of the genuineness or authenticity of any goods displayed in the catalogue.
3.5. City Coins endeavours to ensure the highest level of accuracy in its descriptions appearing in its catalogue, based on its expertise in the field of coins. However, any representation or statement by City Coins CC, in its catalogue as to authorship, attribution, genuineness, origin, date, age, provenance or condition is a statement of opinion only. Every person interested should exercise and rely on his or her own judgment as to such matters and is responsible for the correctness of such opinions.
3.6. The rare coin market is speculative, unregulated and volatile and coin prices may rise or fall over time. City Coins CC does not guarantee that any customer purchasing for investment purposes will be able to sell for a profit in the future.
3.7. No warranty of merchantability or fitness for a particular purpose is made or implied by the goods displayed on in the catalogue, as the goods appearing in the catalogue are for collecting and investment purposes and are by their very nature not capable of being defined as fit for any particular purpose.
3.8. All reasonable precautions are taken by City Coins to ensure the accuracy of the descriptions appearing in the catalogue. However, such description as to quality, condition, or authenticity cannot be guaranteed. Any potential off-line purchasers expressly acknowledge that by utilising the downloadable catalogue to purchase goods via postal auction, that they will have not physically inspected such goods.
3.9. City Coins does not guarantee the accuracy or timeliness of the Content appearing in the downloadable catalogue.
3.10. In no event will City Coins be liable for direct, indirect, or special damages arising directly or indirectly from the use of or reliance on the Content of this website or downloadable catalogue.
4. INTELLECTUAL PROPERTY PROTECTION
4.1. All intellectual property rights including, but not limited to copyright, database rights, trademarks, trade name, domain name, rights in logos, get up and content, inventions, trade secrets and know how, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges as well as all intellectual property rights in the content and design of this site and any material emailed to you or otherwise supplied to you in conjunction with our on-line or off-line services are the property of City Coins CC, save in respect of those trademarks, trade names and logos owned by a third party.
4.2. You may not use or reproduce any intellectual property from this site, including from the downloadable catalogue for any reason without written permission from the relevant party. The content contained on this site is owned by City Coins or a third party. You are free to view and print material from this site as long as the material is used for:
4.3. information only;
4.4. non-commercial purposes only;
4.5. personal usage only; and
4.6. the material is not reproduced or redistributed without the prior written permission of City Coins.
4.7. Any other use of materials on this site, including the reproduction for purposes other than your personal use and/or modification, distribution or reproduction of any content on the site is strictly prohibited.
4.8. You may not reproduce, modify or in any way commercially exploit any of the content of this site or of the downloadable catalogue. In particular, you may not display the content on a public bulletin board, website, chat room or by any other unauthorised means. Any use of content not specifically permitted above is expressly prohibited.
4.9. The site may contain links to internet sites maintained by third parties. City Coins accepts no responsibility for the privacy practises or contents of other such sites. You assume sole responsibility for the use of third party links. City Coins may provide these links merely as a convenience and the inclusion of such links does not imply an endorsement nor should it be interpreted as constituting any relationship between City Coins and any linked third party.
4.10. Parts of the site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on this site complies with international and national law. City Coins are not responsible for any third party content or error, omission or inaccuracy in any advertising material. Nor should such advertising and other promotional material that appears on the site be interpreted as constituting any relationship between City Coins and any third party placing such advertising or promotional material on the site, nor shall such advertising constitute an endorsement, warranty of merchantability, or fitness for a particular purpose by City Coins of such third party content.
5. GENERAL CONDITIONS:
5.1. City Coins will try to ensure continuous availability of this site, and/or the content of this site, but accepts no responsibility for the consequences of interruptions or delays, whatever the cause or that the site or downloadable catalogue is free from viruses or other destructive properties.
5.2. City Coins reserves the right to suspend or terminate your use of this site for any reason and without notice to you.
5.3. City Coins shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
5.4. If any provisions (pr part thereof) contained in these Terms and Conditions are invalid, illegal, or unenforceable in any respect, the validity, legality, for enforceability of the remaining provisions (pr part thereof) contained herein shall be binding and enforceable and not in any way effected or impaired.
5.5. These Terms and Conditions shall be binding on and enforceable against the estates, heirs, executors, administrators, trustees, or liquidators of the parties as fully and effectually as if they had been party to these Terms and Conditions.
5.6. This agreement constitutes the whole agreement between the parties relating to the specific subject matter hereof.
5.7. Your use of this site, the Terms and Conditions (including, without limiting, their acceptance, interpretation, and applicability) and any matter relating or incidental thereto shall be governed by the laws of the Republic of South Africa, and excluding any conflict of law principles that invoke the application of any foreign law.
5.8. You expressly agree and submit to the jurisdiction of the Western Cape High Court in respect of all disputes hereunder or in connection with the subject matter hereof. In any such action, you agree to such jurisdiction, despite your lack of personal jurisdiction, improper venue, or inconvenient forum. You agree that any order of court may be made and enforced without limitation to any country or area in which you reside or in which you access this site.
5.9. At the option of City Coin, and notwithstanding clause 5.8 above, you consent that at City Coin’s discretion, any dispute arising out of these Terms and Conditions and this agreement may be brought in any Magistrates’ Court of competent jurisdiction in the Republic of South Africa, notwithstanding that the amount in issue may exceed the jurisdiction of such court.
5.10. The laws of the Republic of South Africa govern this agreement.